처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 2017, the Plaintiff entered the first grade of D secondary school, and transferred to E middle school around September 4, 2019, the third grade and the second grade of D secondary school. (2) On May 2019, the Plaintiff: (a) around the day when, among the hotel stairs of D secondary school, the Plaintiff divided the same half-school F and G stories from the hotel stairs of D secondary school in Jeju-do; (b) the Plaintiff wanted to take an inappropriate statement of sexual harassment (hereinafter referred to as “victim student”; and (c) the Plaintiff had a sexual meaning that “I want to sleep. I am a good body, and ambling.” (hereinafter referred to as “instant statement”); and (d) the Plaintiff had another student enter the school and re-entered the same to the same purport at the seat of another student.
Since then, the remarks in this case were widely known to students in school as well as victim students.
B. On August 5, 2019, the Plaintiff: (a) held the Autonomous Committee on Countermeasures against School Violence; and (b) made the instant remarks to two students at the time of school travel; and (c) reported by the victim student, the Plaintiff called the Autonomous Committee on Countermeasures against School Violence at D Middle Schools (hereinafter “Autonomous Committee”) on August 5, 2019.
(2) On August 12, 2019, the Defendant rendered a disposition to the Plaintiff on August 12, 2019, taking five (5) community service days and five (5) psychological education or five (5)-time psychological treatment by experts outside of school (hereinafter “instant disposition”) pursuant to Article 17(1)4, 5 and 3 of the former Act on the Prevention of and Countermeasures against School Violence (amended by Act No. 1641, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1 and 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion lies in deviation and abuse of discretionary power in violation of the principle of proportionality and equality.